State v. Sanders

CLEMENS, Presiding Judge.

A jury found defendant guilty of felonious assault and the trial court sentenced *40him to five years’ imprisonment. On appeal defendant raises a single point — that the trial court erred in giving the “hammer instruction” (MAI-CR 1.10) after it had learned the jurors were deadlocked at nine to three for conviction. The relevant proceedings:

After deliberating two hours the jury foreman sent the judge a note saying, “The Jury can’t agree on a verdict. There are 9 for guilty and 3 for not guilty.” Defense counsel moved for a mistrial. The jury was called into open court…